Stone v. Commissioner
United States Tax Court
Petitioner, a professor of English literature, was granted a fellowship by the John Simon Guggenheim Foundation to enable him to devote his full time for a year to a research project on which he had worked in his spare time for several years. Held, the grant constitutes a gift and not taxable income.
1Opinion of the Court
OPINION.
Tietjuns, Judge:
The issue is whether the amount received by the petitioner from the John Simon Guggenheim Foundation is taxable income under section 22 (a) or a gift excludible under section 22 (b) (3), Internal Eevenue Code of 1939.
We have found that the fellowship payment to the petitioner was a gift. On this issue the controlling factor is the intent of the payor. Bogardus v. Commissioner, 302 U. S. 34 (1937). It is obvious that the foundation intended it as a gift. The object of the foundation is to aid scholars, scientists, and artists in the prosecution of their labors. The…
2Cases cited9 opinions
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Bogardus v. CommissionerSupreme Court of the United States · 1937
- Robertson v. United StatesSupreme Court of the United States · 1952
- Stelmack v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1940
- Banks v. CommissionerUnited States Tax Court · 1952
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3Cited by21 opinions
- Bingler v. JohnsonSupreme Court of the United States · 1969
- Proskey v. CommissionerUnited States Tax Court · 1969
- Bonn v. CommissionerUnited States Tax Court · 1960
- Bachmura v. CommissionerUnited States Tax Court · 1959
- Wells v. CommissionerUnited States Tax Court · 1963
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